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REVIEW QUESTIONS ON GEMARA AND RASHI

prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 161

BAVA BASRA 161 - sponsored by Alex and Helen Gross of Rechavya, Jerusalem, builders of a home molded by dedication to Torah and Torah study. May the Torah always protect them and their family!

1)

(a) What problem do we have with Rebbi Yirmiyah bar Aba, who holds that the witnesses sign at the back of the writing, and 'Sh'rir ve'Kayam' is therefore not necessary?

(b) How does Rabeinu Chananel (who has a different text) explain the Kashya?

(c) How must the witness have signed, in order to dispense with this Kashya?

2)
(a) What do we then suspect the Ba'al ha'Sh'tar might do, assuming the Sh'tar ends with a clause that detracts from his claim?

(b) What leads us to believe that 'ben Ya'akov Eid' is acceptable as a signature?

3)
(a) How do we answer the previous Kashya?

(b) How do we then ...

  1. ... circumvent the fear that he will then cut off 'Reuven ben' together with the last line, leaving 'Ya'akov Eid'?
  2. ... answer this Kashya even assuming that he does insert 'Eid' in the Sh'tar?
(c) And why do we not contend with the possibility that perhaps Reuven signed in his father's name?
4)
(a) Rav would sign documents with the symbol of a fish, and Rebbi Chanina with date-palms.
What did the symbols used by Rav Chisda and Rav Hoshaya have in common?

(b) What symbol did Rabah bar Rav Huna use?

(c) In that case, why might Reuven ben Ya'akov not have used 'ben Ya'akov' as a symbol for his signature?

Answers to questions

161b---------------------------------------161b

5)

(a) On what grounds does Mar Zutra disagree with Rebbi Yirmiyah bar Aba's latter answers to the various Kashyos (even though he does agree with him on principle in his dispute with Rav Huna)?

(b) According to him then, why are we not afraid that the Ba'al ha'Sh'tar will cut off the last line of the Sh'tar together with 'Reuven'?

6)
(a) Despite the fact that Rebbi Yirmiyah bar Aba answers all the Kashyos that he is asked, we are forced to rule like Rav Huna because of the opinion of Rebbi Chanina ben Gamliel in our Mishnah (Mekushar she'Kasvu Eidav mi'Tocho Kasher, Mipnei she'Yachol La'asoso Pashut').
What problem does his opinion pose on Rebbi Yirmiyah bar Aba?

(b) By the same token, why, according to Rav Huna, is a Pashut whose witnesses signed on the outside of the Sh'tar not Kasher, since one could transform it into a Mekushar?

7) What does Rebbi Yitzchak Amar Rebbi Yochanan say about erasures in a Sh'tar?
What is significant about the location of those erasures?

8)

(a) And what does Rebbi Yitzchak mean when he says that the contents of the Sh'tar must be repeated in the last line?

(b) What is the reason for this?

(c) What then, does one insert in the last line?

(d) What is the reason for this Takanah?

9) In which case will the latter Halachah not apply?

Answers to questions

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